Kashmiri Muslim leaders up in arms against Waqf Amendment Bill

Management, administration of Waqf properties

Waqf refers to properties dedicated exclusively for religious or charitable purposes under Islamic law, and any other use or sale of the property is prohibited. Waqf means that the ownership of the property is now taken away from the person making Waqf and transferred and detained by Allah. “Waqif” is a person who creates a Waqf for the beneficiary. As Waqf properties are bestowed upon Allah, in the absence of a physically tangible entity, a “Mutawalli” is appointed by the Waqif, or by a competent authority, to manage or administer a Waqf. Once designated as Waqf, the ownership is transferred from the person making the Waqf (Waqif) to Allah, making it irrevocable.

The Waqf Act is a special Act for religious properties of only one religion of the country, when no such law exists for any other religion. Islamic countries such as Turkey, Libya, Egypt, Sudan, Lebanon, Syria, Jordan, Tunisia, and Iraq do not have Waqfs. However, in India, not only are Waqf boards the largest urban landowners, but they also have an Act protecting them legally.

Waqf Boards currently control 8.7 lakh properties spanning 9.4 lakh acres across India with an estimated value of 1.2 lakh crores. India has the largest Waqf holding in the World. Further, Waqf Board is the largest landowner in India after the armed forces and the Indian Railways. There are 3,56,051 Waqf estates registered under Waqf Board. Besides, there are 8,72,328 immovable properties registered under the Waqf Board. Not just this, there are also 16,713 movable properties registered under Waqf Board.

In 1954, the Government of Jawaharlal Nehru enacted the Waqf Act, 1954. It provided a “pathway toward the centralization of Waqfs.” In 1964, the Government of India established Central Waqf Council of India under the 1954 Act. It was a statutory body. This body was empowered to oversee the work under various State Waqf boards, also established under the Waqf Act, 1954.

In 1995, the P V Narasimharao-led Congress government enacted the Waqf Act, 1995. It was enacted to govern the administration of Waqf properties (religious endowments) in India. It defined the powers and functions of the Waqf Council, the State Waqf boards, and the Chief Executive Officer, and also the duties of Mutawalli. It also described the powers and restrictions of a Waqf Tribunal that “acts in lieu of a civil court under its jurisdiction.” The Waqf tribunals were deemed to be a civil court and required to exercise all the powers and functions exercised by a civil court under the Code of Civil Procedure, 1908. “The decision of a Tribunal shall be final and binding on the parties. No suit or legal proceedings shall lie under any civil court,” the Act said. In other words, the 1995 Act made the “Waqf Tribunal decisions above any civil court”.

The Manmohan Singh-led UPA government amended some of the provisions of the 1995 Act in 2013. The objective was to make Waqf management “more efficient and transparent.” However, during the course of implementation of the Act, it was felt that “the Act did not prove effective in improving administration of Waqf.”

Shortcomings

According to the Ministry of Minority Affairs, the Waqf Acts enacted by the successive Congress-led governments at the Centre were full of flaws. These flaws were highlighted by the Press Information Bureau on September 13, 2024. For example, it said: “The major issues highlighted by the stakeholders are of limited diversity in constitution of Waqf Board and Central Waqf Council, misuse of power by Mutawallis, non-maintenance of proper accounts of properties by Mutawallis, lack of effective coordination with local revenue authorities, issues of removal of encroachments, registration and declaration of title of Waqf properties, sweeping power to Waqf boards for claiming properties resulting in disputes and litigation, non-applicability of Limitation Act resulting in creating disharmony among the communities, low and negligible income from Waqf properties etc.”

It further said: “The principle of ‘once a Waqf, always a Waqf” has led to various disputes and claims. Some of which, like the claim on two islands in Bet Dwarka, have been deemed perplexing by courts…The Waqf Act, 1995, and its 2013 amendment have been criticised for inefficacy, leading to issues like encroachment, mismanagement, ownership disputes, and delays in registration and surveys. A number of issues have also been communicated to the ministry regarding the problem of ownership title and possession of Waqf properties, complaints and grievances of registration, functioning of the Tribunal and related large scale litigations, etc… There is no judicial oversight on Tribunal decisions, further complicating Waqf management…”

“The ministry has received a large number of grievances and representations from the Muslims and non-Muslims on issues like wilful encroachment of Waqf land and mis-management of Waqf properties. The ministry has analysed the functioning of Tribunals and found that 40,951 cases are lying pending in Tribunals, out of which 9,942 cases filed by the Muslims community against the institutions managing Waqf. Moreover, there is inordinate delay in disposal of cases and no provision for judicial oversight provided on Tribunal decisions. The ministry has analysed the nature and quantum of grievances received and found that 148 complaints received from April, 2023 are pertaining mostly to encroachments, illegal sales of Waqf land, delays in surveys and registration, and complaints against Waqf boards and Mutawallis. The ministry has also analysed the complaint received on CPGRAMS (Centralized Public Grievance Redress and Monitoring System) from April, 2022 to March, 2023 and found that out of 566 complaints, received 194 complaints related to encroachment and transfer of Waqf land illegally and 93 complaints were against the officials of Waqf Board/ Mutawallis…Besides that, the parliamentarians across the party line raised the issues of delay in registration of Waqf properties, fetching less rent than the market value by the Waqf Board, rampant encroachment on Waqf land, inheritance rights of the widows, non-completion of survey by the Survey Commissioner; slow progress of digitization of Waqf Property records etc…The hardship caused to common people due to the opacity and overarching power of the Waqf Board can be seen from the following cases: The different Waqf boards claimed that Thiruchenthurai Village, Tamil Nadu, Bengaluru Eidgah Ground, Surat Municipal Corporation, Islands in Bet Dwarka, Shiv Shakti Society, Surat, were the Waqf properties…,” the Ministry of Minority Affairs also said while highlighting the flaws in the 1995 Act.

Amendment bills

It was on August 8, 2024, that two Bills, the Waqf (Amendment) Bill, 2024, and the Mussalman Waqf (Repeal) Bill, 2024, were introduced in the Lok Sabha with an aim to streamlining the Waqf Board’s work and ensuring the efficient management of Waqf properties. The Motion for reference of the Bill to a Joint Committee of both the Houses of Parliament was moved in Lok Sabha on August 9, 2024 by Kiren Rijiju, Minister of Minority Affairs, and concurred by the Rajya Sabha on the same day. Senior BJP leader and former UP Chief Minister Jagdambika Pal was appointed chairman of the Joint Parliamentary Committee (JPC).

The fundamental objective of the Waqf (Amendment) Bill, 2024, was to amend the Waqf Act, 1995, to redress the issues and challenges in regulating and managing Waqf properties. It sought to improve the administration and management of Waqf properties in the country, and aimed at overcoming the shortcomings of the previous Act and enhancing the efficiency of Waqf boards by introducing changes such as renaming the Act, updating the definitions of Waqf, improving the registration process, and increasing the role of technology in managing Waqf records.

As for the Mussalman Waqf (Repeal) Bill, 2024, its primary objective was to repeal the Mussalman Waqf Act, 1923, a colonial-era legislation, that had become outdated and inadequate for managing Waqf properties. The repeal aimed at ensuring uniformity, transparency, and accountability in the administration and management of Waqf properties under the Waqf Act, 1995, thus “eliminating inconsistencies and ambiguities caused by the continued existence of this redundant law.”

Some key features of Amendment Bill, 2024

The Bill stated that “only a person practicing Islam for at least five years may declare a Waqf.” It also clarified that “the person must own the property being declared.”

It removed Waqf by user, where properties could be deemed as Waqf based solely on prolonged use for religious purposes.

It also added that “Waqf-alal-aulad must not result in denial of inheritance rights to the donor’s heir, including women heirs.”

The Bill stated that “any government property identified as Waqf will cease to be so.” “The Collector of the area will determine ownership in case of uncertainty, and submit a report to the state government. If deemed a government property, he will update the revenue records,” the Bill also said.

The 1995 Act had empowered the Waqf Board to “inquire and determine if a property is Waqf.” The Bill removed this provision.

The 1995 Act constituted the Central Waqf Council to “advise the Central and State Governments and Waqf Boards.” “The Union Minister in-charge of Waqf is the ex-officio chairperson of the Council,” it also said. The Act further required that “all council members be Muslims, and at least two must be women.” The Bill instead provided that “two members must be non-Muslims” and “MPs, former judges, and eminent persons appointed to the Council as per the Act need not be Muslims.”

Not just this, the Act had further provided for election of up to two members each from electoral colleges of Muslim: (i) MPs, (ii) MLAs and MLCs, and (iii) Bar Council members, from the state to the Board.

Besides, the Act required states to constitute Tribunals to address disputes over Waqf. “The Chairman of these Tribunals must be a Judge of the rank equivalent to a Class-1, District, Sessions, or Civil Judge,” it said. It also said that “other members include: (i) a state officer equal to an Additional District Magistrate, and (ii) a person knowledgeable in Muslim law and jurisprudence.” The Bill removed the latter from the Tribunal. It instead provided the following as members: “(i) a current or former District Court judge as its chairman, and (ii) a current or former officer of the rank joint secretary to the state government.”

Under the 1995 Act, decisions of the Tribunal were final and appeals against its decisions in the courts were prohibited. The High Court could consider matters on its own accord, on an application by the Board, or an aggrieved party. The Bill omitted provisions deeming finality to the Tribunal’s decisions. “Tribunal’s orders may be appealed in the High Court within 90 days,” the Bill said.

The Bill empowered the Central government to make rules regarding: “(i) registration, (ii) publication of accounts of Waqf, and (iii) publication of proceedings of Waqf Boards.” Under the Act, the State government could get the accounts of Waqfs audited at any point. Contrarily, the Bill empowered the Central Government to get these “audited by the CAG (Comptroller & Auditor General) or a designated officer.[1]

Joint Parliamentary Committee

Keeping in view the importance of the Bill and its wide-ranging implications, the Joint Committee decided to call memoranda to obtain the views from the public in general and experts/ stakeholders and other concerned organisations in particular on the provisions of the said Bill. Accordingly, a press communiqué inviting memoranda from them was issued on August 29, 2024 in national and regional newspapers through the Central Bureau of Communication. The Committee received as many as 97,27,772 memoranda, through both physical and digital mode. The Joint Committee held thirty-six sittings wherein they heard the views/suggestions of the representatives of various ministries/ departments, viz. Ministries of Minority Affairs, Law and Justice, Railways (Railway Board), Housing and Urban Affairs, Road Transport and Highways, Culture (Archaeological Survey of India), state governments, State Waqf Boards and experts/ stakeholders. The Committee conducted exhaustive deliberations on the subject which included interaction with 284 stakeholders, 25 State Waqf Boards, 15 State governments, 5 Minorities Commissions and 20 ministers/MPs/MLAs/MLCs. Thereafter, the Joint Committee completed Clause by Clause consideration of all Clauses of the Bill at their 37th sitting held on January 27, 2025 and amendments moved by the members were put to vote and adopted by majority votes. It submitted its report to the Speaker of the Lok Sabha Om Birla on January 30, 2025. The Union Cabinet cleared all the amendments (14) to the Waqf (Amendment) Bill, 2024, proposed by the Joint Committee of Parliament (JCP), on February 27.[2]

Kashmiri Muslim opposition

The Congress of Sonia Gandhi, Rahul Gandhi and Mapana Mallikarjun Kharge, the TMC of Mamata Bannerjee, the DMK of MK Stalin, the SP of Akhilesh Yadav, the RJD of Lalu Prasad Yadav, the All India Majlis-e-Ittehadul Muslimeen of Asaduddin Owaisi and other “secular” parties opposed the Waqf (Amendment) Bill, 2024, tooth and nail. The All India Muslim Personal Law Board also opposed and condemned the amended Acts. They all dismissed it as an attack on the Muslim faith and an attempt on the part of the Narendra Modi government to grab the Muslim mosques, masjids, khanqahs, graveyards etc etc. The attitude of the Kashmiri Muslim leaders, separatists included, to the Bill was no different.

However, the Kashmiri Muslim leaders spoke on the issue and registered their emphatic protest only on and after January 24, when the separatist All-Party Hurriyat Conference (APHC) chief and leader of the Muttahida Majlis-e-Ulema (MMU), an amalgam of over 45 Muslims’ religious organisations, Mirwaiz Umar Farooq, met with the Joint Parliamentary Committee (JPC) on the Waqf Amendments Bill in New Delhi. Mirwaiz Umar Farooq, who led the MMU delegation, told the Committee to “engage in meaningful talks with the Muslim community” and “address their apprehension and concerns, including worries about the potential overreach of the government over Waqf properties, reduced representation of Muslims, increased risk of appropriation, and fears regarding violation of constitutional rights and Muslim Personal Law.” The delegation also told the Committee that “the amendments are being seen in J&K as ‘another attempt’ at undermining our religious freedom and autonomy of institutions”.

After the meeting, the Mirwaiz Umar Farooq, among other things, said: “It (JPC) doesn’t seem serious. As the only Muslim-majority State (in this case Union Territory of J&K), they should have come to us to take our point of view. But the fact is that we had to request them several times to listen to us and our apprehensions…The JPC members were ‘ill-informed’ and seemed to be rushing through…We told the Committee that if there are some issues, we are ready to discuss them with the government and rectify any mistakes that are there. But it seems they (JPC) are trying to bulldoze through…The proposed amendments should be immediately rejected, there should be engagement with stakeholders, safeguards for religious autonomy and protection of Waqf properties.”[3]

The same day, J&K Apni Party president and former minister, Syed Mohammad Altaf Bukhari, praised what he called the “initiative” taken by Mirwaiz Umar Farooq. Hailing the initiative, he said: “It is a matter of great satisfaction that Kashmir’s Ulema representatives, led by Mirwaiz Umar Farooq, traveled to New Delhi to meet with the chairperson of the JPC to voice their profound concerns regarding the proposed Waqf Amendment Bill…The Ulema have expressed their concerns about the proposed amendments in clear terms. By presenting their arguments both verbally and in writing, they have ensured that their position is conveyed without ambiguity. “Although it remains uncertain how the situation will unfold regarding the proposed amendment bill, the Kashmiri Ulema have played a significant role by taking this proactive initiative.”[4]

At the same time, Altaf Bukhari targeted the ruling NC. He said: “It’s surprising that the engagement of NC parliamentarians with the JPC was missing on the issue. The two elected MPs from the ruling NC from…Kashmir and South-Pir Panjal seats must also take time and meet the empowered committee to register the concerns of the community in J&K about the proposed amendments…The MPs being Muslims had ‘extra responsibility to represent the community’s apprehensions vociferously’ on the proposed amendments.”

Like Altaf Bukhari, PDP leader and former Law Minister, Syed Basharat Bukhari, also praised the MMU for meeting with the JPC “to express concerns and suggestions” and criticised the NC for its “failure to apprise the JPC about the concerns of Muslims.”[5]

Four days later (January 28), NC President Farooq Abdullah said that only Allah could protect the Waqf properties and people should seek forgiveness from the Almighty. “We are Muslims by name only not by actions. That’s why the situation is worsening for Muslims. People should seek forgiveness<[6]

The same day, Farooq Abdullah’s son and Chief Minister Omar Abdullah also reacted. He chose his words very carefully. Calling for patience, he said: “No law is being implemented at the moment. Parliament’s Committee is working on the matter, and the debate is still underway. Even Mirwaiz Umar Farooq has presented his views to the Committee. Let the Committee complete its work, and after that, there will be a debate in Parliament.”[7]

However, on February 15, Omar Abdullah expressed his displeasure over the tabling of the Waqf bill and said that “this law is against Muslims of the country and there is no other reason for such a law.”[8]

The JK Pradesh Congress Committee president, Tariq Hameed Karra, also reacted. He aired his anti-Waqf Amendment Bill views on January 31. He, inter-alia, said: “In my opinion, the UCC (Uniform Civil Code) and Waqf (Amendment) Bill are linked to the sustained hatred being spread in the country. Both the UCC and the Waqf issue are the outcome of their agenda of hate to create anarchy in the country…There is a sustained campaign going on against all the minorities, not only Muslims but also Dalits, Christians, and others as well, to isolate them under the policy of hate…It is astonishing that they (BJP leadership) are saying Hindus are in danger in a country of 140 crore population where Muslims are only 17 crore. The notion of a minority posing a threat to the majority shows their weakness and exposes their nefarious designs. It is the same nefarious design which was drafted by their party founders 100 years ago…Their slogan ‘Abhi nahi toh kabhi nahi’ (If not now then never) is to push hatred. Earlier, it used to be Khelo (play) India but now they have turned it into Khodo (dig) India and they are doing everything to implement such things (to remain in power).”[9]

Ghulam Nabi Azad’s Democratic Progress Azad Party (DPAP), Mohd Yousuf Tarigami-led CPIM and out-on-the-limb Mehbooba Mufti also didn’t lag behind. They all, like Mirwaiz Umar Farooq, Farooq Abdullah, Omar Abdullah and Tariq Hameed Karra, denounced the amended Bill and the Modi Government.

The DPAP said: “It strongly opposes the amendment of Waqf laws. It’s an unconstitutional attempt by the BJP to undermine the spirit of the constitution. Waqf is a deeply religious issue that shouldn’t be tampered with…Given the sensitive nature of Waqf laws, there was the need for careful consideration to avoid violating the rights of the Muslim community. The BJP’s efforts to amend the laws governing Waqf properties are a veiled attempt to target minorities.”

Criticising the JPC chairman for “unilaterally rejecting the concerns of the Opposition over the Waqf Amendment Bill,” Mohd Yousuf Tarigami, inter-alia, said: “The JPC chairman rejected amendments suggested by the Opposition parties. There was no need to have such a JPC. Instead, laws should have been framed sitting at home by the rulers,” Mr. Tarigami said.[10]

As for the highly perturbed, disturbed and rattled Mehbooba Mufti, she on February 01 wrote letters to the Bihar Chief Minister, Nitish Kumar, and the Andhra Pradesh Chief Minister, Chandrababu Naidu, urging them to intervene. In her letter, she expressed concern that the Bill came at a time when “for the past decades, Muslims have been systematically disenfranchised, disempowered, and marginalised, socially and economically.”

3She also highlighted what she called the “utter disregard” to the “misgivings raised by the opposition parties in the form of dissent notes submitted to the JPC.”

“The exercise of consultation seems farcical without any genuine efforts to consult the community most affected by this unconstitutional, unconscionable, authoritarian Bill…While the Bill presents itself as a reform of Waqf-owned properties, its true objective is to undermine the very foundation of the Waqf Act: to protect and preserve properties dedicated to the social and economic upliftment of Muslims for religious and charitable purposes. The Bill is a deeply divisive Bill…a clear manifestation of the majoritarianism that has fuelled bigotry and the marginalization of Muslims since 2014…It strikes at the heart of the very idea of India, an India that thrives on its core values of diversity, pluralism, and peaceful coexistence. The Gandhi’s vision for India is being altered, undermining the secular fabric that binds this nation together,” her letter further read.[11]

All this suggests that Kashmiri Muslim leaders, so-called mainstream and separatist included, operate from different platforms, but pursue and promote the same agenda – an agenda of exclusiveness and separatism. It is hardly necessary to reflect on this point, as it’s not a secret that they are one against the Indian Constitution and Indian laws like the Palestinians are against Israel.

Note:
1. Text in Blue points to additional data on the topic.
2. The views expressed here are those of the author and do not necessarily represent or reflect the views of PGurus.

References:

[1] Explainer On Waqf Amendment Bill 2024 – Sep 13, 2024, Government of India Press Information Bureau

[2] Report of the Joint Committee on Waqf (Amendment) Bill, 2024 – Jan 30, 2025, Sansad

[3] WAqf House Panel ‘doesn’t seem serious, trying bulldoze through, says Mirwaiz after meeting – Jan 25, 2025, The Indian Express

[4] Bukhari lauds Kashmir Ulema’s efforts to address Waqf Amendment Bill concerns – Jan 26, 2025, Rising Kashmir

[5] Concern in J&K over JPC’s proposed amendments to Waqf Bill – Jan 27, 2025, The Hindu

[6] Only Allah can protect Waqf properties: Dr Farooq – Jan 28, 2025, Greater Kashmir

[7] Parliament will take final call’: Omar Abdullah on Waqf (Amendment) bill, UCC – Jan 28, 2025, Greater Kashmir

[8] Law says everyone innocent until proven guilty: J-K CM after LG sacks employees over alleged terror links – Feb 15, 2025, The New Indian Express

[9] UCC, Waqf bill part of schemes to spread hatred; no hope from Union Budget: Karra – Jan 31, 2025, ToI

[10] Concern in J&K over JPC’s proposed amendments to Waqf Bill – Jan 27, 2025, The Hindu

[11] Mufti calls Waqf Bill ‘deeply divisive’, seeks intervention of Nitish, Naidu – Feb 1, 2025, The Tribune

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